DECIDED ON- 24th November, 1961
BENCH- K. Subbarao, SK Das, Raghubar Dayal
INTRODUCTION
A landmark case in the criminal history of India, K.M. Nanavati v. State of Maharashtra has been a case discussed like ever since now. This judgment made its place as soon as it was pronounced.
This landmark judgement of India received unprecedented media attention as it involved Kawas Manekshaw Nanavati, a Naval Commander who was tried for committing the murder of his wife’s lover, Mr. Prem Ahuja. Initially, Nanavati was declared not guilty, but later the verdict was dismissed by the Bombay High Court and the case was tried under a bench trial.
This case was the last case to be heard as a jury trial in India because as the result of this case, the government abolished the jury trials in India.
BACKGROUND OF THE CASE
- Kewas Manekshaw Nanavati, an Indian Naval Officer shifted to Bombay in March 1959 with his family and got to meet Prem Ahuja, a businessman in Bombay.
- While he was out of Bombay for his duty, Sylvia, his wife, developed an illicit relationship with Prem Ahuja.
- He was then confronted with the confession of his wife when she opened with her relationship with Ahuja.
- Further, in the heat of his agony, he went to his ship to procure a loaded revolver and drove himself to Prem Ahuja’s office.
- On not finding him at his workplace, he then drove to his residence.
- After an altercation, at his residence, two shots went off accidently and hit Ahuja.
- After shooting, the accused went to the police station and surrendered himself.
Case of the prosecutor
● The accused after knowing about the illicit intimacy of the deceased with his wife dropped his wife and children in a cinema.
● He went to his ship took from the ship a revolver on a false pretext.
● He then went to the flat of Ahuja entered his bedroom and shot him dead.
● Thereafter, he surrendered himself to the police.
Case of the Defence
● Sylvia, when questioned by the accused about her fidelity, confessed of her being unfaithful to him.
● There was no surety that Ahuja would marry her. The accused then decided to settle the matter with him.
● He dropped his wife and children to a cinema and took a shot gun from his ship on a false pretext.
● Not finding Ahuja in his office, the accused went to his house carrying the envelope containing the revolver.
● The accused on seeing the deceased, abused him and asked whether he would marry Sylvia and look after the children.
● The deceased retorted, “Am I to marry every woman I sleep with?”
● The accused became enraged, threatened to thrash the deceased.
● During the struggle two shots went off accidentally and hit Ahuja.
● After the shooting, the accused surrendered himself.
ISSUES
● Whether Nanavati shot Ahuja in “the heat of the moment” or whether it was a premeditated murder?
● In the former scenario, Nanavati would be charged under Section 304, Part I, IPC for culpable homicide not amounting to murder invoking Exception 1 of Section 300 of IPC.
● In the latter scenario, Nanavati would be charged under Section 300 (murder), with the sentence being death or life imprisonment.
The test of grave and sudden provocation is:
● Whether a reasonable man, belonging to the same class of the society as the accused, placed in the same situation would be so provoked as to lose his self-control.
● For instance, in India words, gestures and mental background created by the previous act of the victim may also be considered.
● The fatal blow should be clearly traced to the provocation, influence of passion arising from and not after passion has cooled down by lapse of time, or otherwise giving scope for premeditation and calculation.
Distinguish between Culpable Homicide and Murder
- The true difference between culpable homicide and murder is only the difference in degrees of intention and knowledge.
- A greater the degree of intention and knowledge, the case would fall under murder. A lesser degree of intention or knowledge, the case would fall under culpable homicide.
- However, it is difficult to arrive at any categorical demarcations or strait jacket difference between culpable homicide and murder.
Definition of Murder
The definition of murder under Section 300 mentions the cases of culpable homicide that can be called as murder. Those cases are:-
Act by which death is caused was done with intention of causing death
Here action also includes intentional omission. Where a child was very ill and his family members refused to take him to the hospital for providing necessary treatment, as a result the child dies. Such a case shall be called as murder.
Having intention to cause bodily injury which is likely to cause death
Here the offender has the intention to cause bodily harm and knowledge that by his act death will be caused. This clause may include those cases where the victim was suffering from a trauma or disease that the offender knew about and used it as an advantage by inflicting bodily injury which resulted in death of that person, what may not have caused death of a normal person.
When injury is sufficient to cause death in the ordinary course of nature
For this clause the offender must have intention and would’ve caused a bodily injury that is sufficient enough to cause death to any other person in ordinary course of nature.
Having the knowledge of the dangerous at
Where the offender doing the act knows the gravity of his actions that it will, in all probability, will cause death of the person or the bodily injury that is inflicted is likely to cause death, and still commits such act without any prominent excuse for causing death or such injury. This is applicable on cases of dangerous action without any intention to cause specific injury. For e.g., rash driving.
The four cases mentioned above are the culpable homicides that are considered as murder. All the other remaining cases continue to be culpable homicides. All culpable homicides are murder but not all murders are culpable homicides.
Exceptions
Though the definition of murder is subject to some exceptions that are in the following circumstances the death cannot be called as murder.
Provocation
This happens when a person is forced to kill another human being. The act should be done according to the will of the some other person. Also it is important that there should not be sufficient time between the prosecutions. These exceptions are also used as partial defence if all the following conditions are fulfilled:-
a. There should be provocation
b. Grave and sudden provocation,
c. Due to such prosecution the person has no self-control.
d. The death of a person has been caused by mistake or accident.
If done under the ambit of private defence
Where a person kills another while protecting their own life or property it shall not be considered as murder. Provided the person who got killed must be doing an act which was out of his rights given by the law and infringing the rights of the accused. There is no intention to cause death in cases of private defence. If intention is present does not remain an exception anymore and the accused will be punished.
Public Servant
If the offender is a public servant who only acted for public justice, but exceeded the power given to him by law and then caused death of a human, in good faith. Also if he believes what he did was lawful and necessary for him to do under his duty as public servant. This act by the public servant should be without any ill- intention. In a case a police constable fired at reapers under the orders of a superintendent of police, it was found there was no necessity for public security to disperse those reapers by firing upon them. They were charged for murder.
Death caused in a sudden fight
For this exception, the death should be caused in a sudden fight without any premeditation due to the heat of a sudden quarrel. Keeping in mind the accused should not have crossed any line. It does not matter who started the fight, it just have to be with the person who got killed. Here the fight is between two or more persons, with or without weapons.
Punishment for Murder
According to Section 302 of IPC the punishment for murder is death penalty or imprisonment for life and also liable to pay fine. Though in very rare cases the court the court resorts to providing death penalty for murder. Life imprisonment is the rule and death penalty is an exception in the offence of murder. Before giving death penalty a proper explained reason should also be given as to why such type of penalty is being given. This is mentioned under Section 354 (b) of Criminal Procedure Code, 1973. Each and every aspect is considered before giving such a penalty. The Death penalty should only be provided in rarest of rare case. If it is seen that the offender is grieved by his acts and is willing to atone his sins then the court has power to substitute his sentence for death penalty to imprisonment for life.
But if the sentence of death penalty is taking time in execution the punishment cannot be changed into life imprisonment. In cases where the trial courts and the High Courts are not in consensus in the decision as to what punishment should be given, in such instances imprisonment of life is provided.
The punishment should also be given after considering all the evidences, circumstantial evidences, witness statements, placement of injuries etc. in a case the husband had doubts on his wife that she might be cheating on him. One day while she was working in the fields with her 12 years old daughters he told both of them to follow him to the river to wash clothes. Later after this, both mother and daughter were found dead. The husband was convicted for murder.
Attempt by Life Convicts
A person who is a life convict i.e., he is going through a sentence of life imprisonment, if he gets convicted for the attempt to murder where hurt is caused to some other person then he may be punished with death.
This is the second part of Section 307, which provides death penalty to all the life convicts that are found attempting the offence under this section due to which hurt was caused to people. It should be noticed how the language of the section use the word ‘may be punished’. Hence it is on the discretion of the court that it may prescribe death penalty to a life convict. Or if he is satisfied then it also has the power to reduce the death penalty to whatever is justified.
In a case, the Supreme court had said where a person is undergoing a sentence of imprisonment of life for murder, and is released as by remission then that person is no longer under the sentence of life imprisonment. The murder committed during the remission period will not be taken into consideration while giving punishment under this section. Hence the accused shall not be given life imprisonment.
Constitutionality of Section 303
The legality of this Section was questioned in front of a Bench of Four Judges of the Supreme Court. It was said that this Section violates the Article 14 and 21 of the Constitution of India. This section discourages the assaults by the life convicts on the prison mates or staff members. The concern of the legislature was one thing, but the language they chose exceeded what it actually intended to say. According to the language the section aid that the life convicts are dangerous breed of humanity, though this assumption is not supported by any scientific data. Overall in majority it was seen that this sections violates the Article 21 of the Constitution of India.
Once a punishment is given by the judge it goes out of his hand. It becomes irreversible and irrevocable. Hence before giving such death penalty it should be considered judicially with a fair mind. After some discussion the court declared Section 303 unconstitutional and punishments for murder by life convicts now will be given under Section 302 IPC i.e., a choice between death penalty and life imprisonment.
Attempt to Murder
The Section 307 gives the definition and punishment for attempt of murder. It states the following:-
1. Attempt to murder is an act done with intention and knowledge,
2. Done in such circumstances that if death is caused due to it, it will be called as murder,
3. The person committing such an attempt will be punished with imprisonment, whether simple or rigorous extended up to 10 years and also liable to pay fine,
4. If only hurt is caused to a person, the accused shall be punished with either imprisonment for life or the same punishment as mentioned above.
When culpable homicide is not murder?
Murder is culpable homicide, but each and every culpable homicide is not murder. (a) Culpable homicide is not murder if the offender of the act causes death of a person under grave provocation, (b) It is not murder if the offender causes death of a person in the exercise of the right of private defence of person or property, (c) It is not murder if the offender, being a public servant causes death of a person for the advancement of public justice, (d) It is not murder if the offender causes death of a person in a sudden fight without premeditation, and (e) It is not murder when the offender causes death of a sickly person above the age of 18 years who takes the risk of death and has consented to be killed.[15]
This Section contains the ‘almost’ cases. All the cases which could not get completely executed and fell short for some reason they punished under this Section. The most important ingredients of this section are that, the offender must have intention to kill and should know that if they succeeded it shall be considered as murder. Unless their act was not capable enough to cause death of any person, it shall not be considered as an attempt to murder.
INTERNATIONAL LAW RELATED TO MUDER
The position of law related to Culpable Homicide and murder and punishment for the same in other countries like USA, Canada, Australia, China, Australian, Singapore, and South Africa.
Canada:
The term is part of the criminal code of Canada (Section 222), where all killings of persons are classified as culpable or not culpable homicide. In Canada, there are three types of culpable homicide- Murder, manslaughter and infanticide. Murder is a sub-category of Culpable Homicide which is defined as causing the death of a human being, by means of an unlawful act; by criminal negligence; by causing that human being, by threats or fear of violence or by deception, to do anything that causes his death; or by wilfully frightening that human being, in the case of a child or sick person. Killings classified as not culpable are justifiable killings;
Thus, the term is used to define the criminal intent or Mens Rea of a killing. Non-culpable homicide includes those committed in self-defence. Self-defence is only admissible if the assault resulting in murder was unprovoked. (Self-defence against unprovoked Assault Section 34 CCC)
The mandatory sentence for any adult (or youth sentenced as an adult) convicted of murder in Canada is a life sentence, with various time periods before a person may apply for parole and A youth (12 to 17 years) who is not sentenced as an adult does not face a life sentence. Instead, if convicted of first degree murder, they must serve a maximum sentence of 10 years, with a maximum of 6 of those years spent in custody. If convicted of second degree murder, they must serve a maximum of 7 years, with a maximum of 4 of those years spent in custody.
South Africa
In South African law, when you commit an offence, it can occur through intent, negligence, or both. Culpable Homicide has been simply defined as the unlawful and negligent killing of human beings. It can be differentiated from murder in that murder requires the killing to be intentional and not merely negligent.
The difference is therefore the form of fault required (negligence as opposed to intention). Negligence is usually established by asking whether a reasonable person in the position of the accused would have foreseen the possibility of killing a person and would have taken steps to guard against that occurrence. As a result it’s an objective test. To prove culpable homicide it’s necessary to show that the accused’s conduct fell short of that which would be expected of a reasonable person in the circumstances. Culpable homicide charges most commonly result from car accidents or motor collisions where a motorist’s negligent driving causes the death of other motorists or pedestrians.
Singapore
“Culpable homicide” is defined as whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.
China
The Penalty Law of the People’s Republic of China, as amended in 1997, provides for a penalty of death, or imprisonment for life or no less than 10 years, for “killing with intent.” However, the penalty for “minor killing with intent” is imprisonment for no less than 3 years. In practice, “killing with indignation” (killing someone who is obviously very harmful to the society) and killings committed in excessive defence are considered “minor.”
United States
Murder is the unlawful killing of human being with malice aforethought. Malice can be expressed (intent to kill) or implied. Implied malice is proven by acts that involve reckless indifference to human life or in a death that occurs during the commission of certain felonies (the felony murder rule). The exact terms of the felony murder vary tremendously from jurisdiction to jurisdiction. Life sentencing for murder in the United States has a mean of 349 months (29 years one month) and a median of 480 months (40 years). However, some states’ sentencing contemplates a full life’s confinement, whence the sentence of confinement is not deemed fulfilled while the convicted person lives; and the only way to fulfil the sentence (and thereby obtain release from confinement) is by the individual’s death.
These sentences are termed natural life and/or life without the possibility of parole. In the United States, the law regarding murder varies by jurisdiction. In most U.S. jurisdictions there is a hierarchy of acts, known collectively as homicide, of which first degree murder and felony murder are the most serious, followed by second degree murder, followed by voluntary manslaughter and involuntary manslaughter which are less serious, and ending finally in justifiable homicide, which is not a crime at all. However, because there are at least 52 relevant jurisdictions, each with its own criminal code, this is a considerable simplification.
Sentencing also varies very widely depending upon the specific murder charge. “Life imprisonment” is a common penalty for first and second degree murder, but its meaning varies widely.
Australia
Murder is defined in the New South Wales (NSW) Crimes Act 1900 as follows: Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime.
Under NSW law, the maximum penalty for murder is life imprisonment with a standard non-parole period of 20 years, or 25 years for the murder of a child under the age of 18 or of a police officer or public official. Attempted murder carries a maximum penalty of 25 years imprisonment. Note that in order to be guilty of murder under the NSW Crimes Act, intent to cause grievous bodily harm is enough to secure a conviction for murder, as is felony murder (constructive murder in Australia).
There is a statutory defence of provocation in NSW law; if provocation is proven and the person would have otherwise been convicted of murder, directs the jury to find the defendant not guilty of murder but guilty of manslaughter.
JUDGEMENT-
Jury Trial
The jury in the Greater Bombay Sessions Court pronounced Nanavati as not guilty, with an 8-1 verdict. Hon’ble Mr. Justice Ratilal Bhaichand Mehta (the Sessions Judge) considered the acquittal as perverse and referred the case to the High Court.
High Court Verdict
The High Court dismissed the Jury’s verdict on the basis of the following arguments made by the prosecutor:
1) The onus of proving that it was an accident and not premeditated murder was on Nanavati.
2. Sylvia’s confession, or any specific incident in Ahuja’s bedroom, or both did not amount to grave and sudden provocation.
3. The judge wrongly told the jury that the provocation can also come from a third person.
4. The jury was not instructed that Nanavati’s defense had to be proved, to the extent that there is no reasonable doubt in the mind of a reasonable person.
Supreme Court
The SC upheld the decision of the High court on the following grounds:
1. As per the defence case, the accused was thinking of the future of his wife and children which indicates that he had not only regained his senses but also was planning for the future.
2. The time lapse between the confession and murder was sufficient to regain his self-control.
3. The mere fact that before the shooting the accused abused the deceased and the abuse provoked an equally abusive reply could not conceivably be a provocation for the murder.
- It was held by the court that the conduct of the accused clearly showed that the murder committed by him was a deliberate one and the facts of the case do not attract the provision of Exception I of section 300 of IPC as the accused by adducing evidence failed to bring the case under General Exception of IPC. Therefore, as a result, the court convicted Nanavati under section 302 of IPC and sentenced him of Imprisonment for Life.
Impact
● Abolition of Jury trials.
● There was media scrutiny which brought about Nanavati as a victim of foul play, who even in worst hours stood for honour and wellbeing of his family.
● Nanavati was pardoned by the then Governor Vijay Lakshmi Pandit, after spending 3 years in jail.
This was the last case to be heard as a jury trial in India, as the government abolished jury trials soon after in most cases.
REFERENCES
- Ramanugrah Singh vs The King Emperor on 18 June, 1946
- Akhlakali Hayatalli vs The State Of Bombay on 9 December, 1953
- Ratan Rai v. State ofBihar, [1957]
- Sashi Mohan Debnath v. State of West Bengal [1958]
- Emperor v. Ramdhar Kurmi
- Mustak Hussein v. State of Bombay [1953]
BRIEF ABOUT AUTHOR
Nikita Soni is pursuing B.B.A.LL.B from Mody University, Rajasthan. She is interested in law and wants to serve the society in legal matters. Her past internship experiences include working as an intern under a lawyer at Jodhpur High Court for 1-month. She is currently doing online internship at Vidhishala.